Terms of Use

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Use”), was last updated in April, 2014.

Acceptance of the Terms of Use

Welcome to the website of Vindicia, Inc. (“Vindicia”, “we”, or “us”), located at 303 Twin Dolphin Drive Suite 200, Redwood City, CA 94065, USA. The Terms of Use govern your access to and use of Vindicia.com including any content, functionality and services offered on or through Vindicia.com (the “Site”).

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at http://www.vindicia.com/privacy-policy (“Privacy Policy”) and incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Site.

Terms of Use Updates

Due to the Internet’s rapidly evolving nature, Vindicia may need to update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted to the Site, and apply to all access to and use of the Site thereafter. If any change is unacceptable to you, you have the right to cease using this Site. If you do not cease using this Site, you will be deemed to have accepted Vindicia’s then current Terms of Use.

Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

To access the Site or some parts of it, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site is governed by the Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Vindicia, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer(s) or device(s) may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to:

General Counsel
Vindicia, Inc.
303 Twin Dolphin Drive Suite 200
Redwood City, CA 94065-1425 USA
Phone: +1 650 264 4700
Email: generalcounsel@www.vindicia.com

No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Vindicia, its licensors, or other providers of content.

Trademarks

Vindicia, Build Subscription Revenue, Build Online Revenue, Vindicia CashBox, Vindicia Select, Vindicia Trial, CashBox, CashBox DataBridge, CashBox Select, CashBox StoreFront, ChargeGuard, Marketing and Selling Automation for the Digital Economy, Your Chargebacks. Our Problem., and all related logos are trademarks or registered trademarks of Vindicia or its affiliates in the United States and/or other countries. You must not use such marks without the prior written permission of Vindicia. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Vindicia, a Vindicia employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Vindicia or users of the Site or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • To use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • To gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS VINDICIA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

If you believe that any material violates your copyright, please send our copyright agent a notice of copyright infringement with the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent can be contacted as follows:

General Counsel
Vindicia, Inc.
303 Twin Dolphin Drive Suite 200
Redwood City, CA 94065 USA
Phone: +1 650 264 4700
Email: generalcounsel@www.vindicia.com

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Vindicia, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Vindicia. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VINDICIA NOR ANY PERSON ASSOCIATED WITH VINDICIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VINDICIA NOR ANYONE ASSOCIATED WITH VINDICIA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINDICIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VINDICIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold harmless Vindicia, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use or your use of the Site.

Governing Law and Jurisdiction

These Terms of Use shall be construed and enforced in accordance with the laws of the State of California applicable to agreements between residents of California wholly executed and wholly performed therein, excluding its choice of law rules. Any action or proceeding brought by either party against the other arising out of or related to these Terms of Use and the Site shall be brought only in a state or federal court of competent jurisdiction located in the county of Santa Clara, California, and the parties hereby consent to the in personam jurisdiction and venue of said courts.

We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Vindicia of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vindicia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms of Use is found invalid or unenforceable pursuant to judicial decree or decision, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the entire understanding and agreement between the parties and supersede any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the Site, all of which representations, communications, understandings and agreements are hereby cancelled to the extent they are not specifically merged herein.